31978R1655

15 . 7 . 78 Official Journal of the European Communities No L 192/ 21

COMMISSION REGULATION ( EEC) No 1655 /78 of 14 July 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross ,

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to the Treaty establishing the European tion to tender for supplies to the International Economic Community, Committee of the Red Cross will be fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the Belgian intervention agency should be 2727/75 of 29 October 1975 on the common organiza­ made responsible for the tendering procedure ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1254/78 0, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 30 January 1978 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 on the value of the unit of account and the of Community action, to grant the equivalent of 2 000 exchange rates to be applied for the purposes of the tonnes of common wheat (in other words 1 324-5 common agricultural policy (4), as last amended by tonnes of common wheat flour) to the International Regulation (EEC) No 2543/73 (5), and in particular Committee of the Red Cross under its 1977/ 78 food­ Article 3 thereof ; aid programme ; Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion ( EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to Ashdod , that is HAS ADOPTED THIS REGULATION : at the moment when the goods are actually placed on the dock or in the lighter where applicable ; Article 1 Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and 1 . Tenders are hereby invited for the supply to the may relate to products mobilized anywhere within International Committee of the Red Cross, by way of those Member States ; whereas, in view of the currency Community action , of 1324-5 tonnes of common situation in the Member States and in order to ensure wheat flour . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2. The tendering procedure shall take place in currency situation in the Member State in which the Belgium in three lots . customs export formalities will be completed ;

Whereas the award under the invitation to tender 3 . The products shall be mobilized on the Commu­ nity market. must be made in favour of the tenderer offering the best terms ; 4. Shipment shall be from a Community port. Whereas, should force majeure make it impossible to 5. The invitation to tender provided for in para­ complete the operation in question within the time limits specified , it must be made clear who is to bear graph 1 is for supply of products delivered to Ashdod, the liability for any resulting costs ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (') OJ No L 156, 14. 6. 1978 , p . 1 . (•») OJ No 106, 30 . 10 . 1962, p. 2553 /62. (■') OI No L 281 , 1 . 11 . 1975, p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 192/22 15 . 7 . 78 Official Journal of the European Communities

6. The successful tenderer will deliver the product — in the case when the currencies concerned are specified in paragraph 1 in new jute sacks lined with kept at any given moment within a band of cotton sacks of a net capacity of 50 kilograms. 2-25 % , a conversion rate resulting from their central rate, On the sacks shall be printed a red cross, 15 cm x 15 — in the other cases, the average of the spot rates of cm, as well as the following : the currencies concerned recorded in the Member State in which the invitation to tender is issued "Wheat flour/Gift of the European Economic Commu­ during a period from the Wednesday of one week nity / Action of the International Committee of the to the Tuesday of the following week being the Red Cross/ For free distribution '. period immediately preceding the closing date for submission of tenders. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 4 goods but with the printing followed by a capital letter ' R '. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear to 1 . The decision on teaders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 28 July 1978 .

Article 5 2. The closing date for the submission of tenders shall be 28 July 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be 10 units of account per tonne of goods. published in the Official Journal of the European It shall be released : Communities not less than nine days before the closing date for the submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender Was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned . 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders com­ provided in the form of a cash deposit or of a parable, the prices shall, where appropriate, be guarantee issued by a credit institution conforming to corrected by the monetary compensatory amount criteria laid down by each Member State. applicable on the closing date for submission of tenders to exports from the Member State mentioned Article 6 in the tender pursuant to paragraph 2.

1 .. The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to the International Committee of the — increasing prices which mention a Member State Red Cross must meet the following requirements : whose currency has depreciated or a new Member — moisture 1 2 % maximum , State , — protein content : 1 0-5 % minimum (N x 6-25 on — reducing prices which mention a Member State dry matter), whose currency has been revalued . — ash content : 0-52 % maximum referred to dry The monetary compensatory amount shall, where matter. appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be refused . issued using :

15 . 7 . 78 No L 192/23 Official Journal of the European Communities

2. Tenders for supply to the International subparagraph of Article 3 (3) to the tenderer in the Committee of the Red Cross of the common wheat currency of the Member State in which the operations flour referred to in Article 1 must relate to a product relating to the tendering are completed. with the following characteristics : 4. The intervention agency shall ask that the — moisture : 12% maximum , tenderer specifies the following information : — protein content : 1 0*5 % minimum (N x 6-25 on (a) after each shipment, a statement giving details of dry matter), the quantities loaded, the quality of the products — ash content : 0-52 % maximum referred to dry and their packaging ; matter . (b) the date of the departure of the ships and the expected date of arrival of the products at their Article 7 destination ; (c) all possible contingencies which might occur 1 . The Belgian intervention agency shall be respon­ during transportation of the products. sible for the operations relating to the invitation to tender provided for by this Regulation . The intervention agency shall transmit the informa­ 2 . It shall forthwith communicate to the Commis­ tion provided for to the Commission as soon as it is received . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 5. When the intervention agency responsible for together with the name and business name of the the operations relating to tendering is not the interven­ successful tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ 3. Where the customs export formalities for the tion necessary for releasing the security. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 8 issued, the intervention agency of the latter Member State shall be responsible for the operations following As regards this tender the intervention agency is auth­ tendering, including payment to the successful orized to make an initial payment of 80 % of the tenderer. value of the quantity given in the bill of lading on In such case, the intervention agency choosing the presentation of that document and subject to the successful tenderer shall immediately inform the inter­ taking of a security for an amount equal to the initial vention agency of the Member State concerned and payment. shall supply it with all the information which it may Article 9 require.

Furthermore, the amount of the successful tender This Regulation shall enter into force on the day of its shall be paid after it has been converted using the publication in the Official Journal of the European Communities. average of the spot rates referred to in the second

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 July 1978 .

For the Commission

Finn GUNDELACH Vice-President